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Betsy Flanagan is a Principal in the Twin Cities office of Fish & Richardson. Her practice focuses on complex patent litigation, with an emphasis on life sciences, biotechnology and pharmaceutical litigation, including Hatch-Waxman litigation. Betsy has worked on a variety of technologies, including, for example, pharmaceutical formulations, glaucoma drugs, hair growth agents, dermal fillers, nucleosides, antibodies, biologics, and sleep apnea devices. She has experience in all phases of litigation, including pre-filing due diligence, document collection and production, managing fact and expert discovery strategy, depositions, discovery hearings, claim construction hearings, and settlement. Betsy regularly leads briefing for claim construction, summary judgment and other dispositive motions, and post-trial issues, including JMOL. Betsy’s trial experience includes both bench and jury trials. In addition to district court litigation, Betsy has also worked on a number of Federal Circuit appeals, has practiced before the International Trade Commission, and has experience in post-grant proceedings, including inter partes review.

In 2018, Betsy was named one of the “Top 250 Women in Litigation” by Benchmark Litigation, an “Up & Coming Attorney” by Minnesota Lawyer, and a “Women Worth Watching” award winner by Profiles in Diversity Journal. She has also been named a Rising Star in Intellectual Property Litigation by Super Lawyers, a “Life Science Star” by LMG Life Sciences multiple times, and a Rising Star by Law360.

Before joining Fish, Betsy was a Staff Chemist for Merck & Co., Inc. working on vaccine research, and was a Law Clerk at Fair Isaac Corporation.


University of Minnesota Law School 2008
magna cum laude

Cornell University 2003
Chemistry, B.A.
with distinction in all subjects


  • Minnesota
  • Delaware
  • Michigan
  • U.S. Court of Appeals for the Federal Circuit
  • U.S. District Court for the District of Delaware
  • U.S. District Court for the District of Minnesota

Memberships & Affiliations

​One of eight litigation attorneys selected to participate in the 2013 Federal Trial Practice Seminar, an intensive litigation seminar culminating in a mock trial that is administered by the United States District Court for the District of Delaware.

Lead Managing Editor, Minnesota Law Review​

Other Distinctions

Named a “Rising Star” by Law360 in 2019.

Named to “Best Lawyers” by Best Lawyers in America in 2020.

Named to “Top 250 Women in Litigation” list by Benchmark Litigation (2018-2019).

Named “Up & Coming Attorney” by Minnesota Lawyer in 2018.

Named one of the 2018 “Women Worth Watching” by Profiles in Diversity Journal.

Selected by her peers as a Super Lawyers Rising Star in 2013, 2017, and 2018.

Named a “Life Science Star” by LMG Life Sciences (2017-2019).

2007-2008 Student Category Winner, Ladas Memorial Award, International Trademark Association


Method of Treatment Claims Pass Mayo Test,” Fish Litigation Blog (June 15, 2018).

“Mixed Results When New Attribution Standard is Put to the Test with Life Science Divided-Actor Method Claims,” co-author, Fish Litigation Blog (March 3, 2017).

“US Solicitor Sides With Sandoz In Biosimilar Case,” co-author, Law360 (December 20, 2016).

“Solicitor General Claims Error in Federal Circuit’s Sandoz Holding,” co-author, Fish Litigation Blog (December 14, 2016).

Update on pleading standards in Hatch-Waxman cases,” Fish Litigation Blog (November 2013).

Orange Book Listing Opportunities for Drug-Device Combinations,” BNA Pharmaceutical Law & Industry Report (December 2011).

“No Free Parking: Obtaining Relief from Trademark-Infringing Domain Name Parking,” MINN. L. REV., 92, 498 (2007).

“Sustained High-Titer Antibody Responses Induced by Conjugating a Malarial Vaccine Candidate to Outer-Membrane Protein Complex,” with Y. Wu, C. Przysiecki, et al., Proc. Natl. Acad. Sci. USA, 103, 18243–248 (2006).


“The Section 101 Landscape,” Midwest IP Institute, (September 27, 2019).

2018 Year in Review,” Fish’s Boston Seminar Series, (January 22, 2019).

“Patent Infringement Litigation,” Patent Resources Group (PRG) Advanced Courses Program (Spring & Fall 2018).

“2017 Year in Review,” Fish’s Boston Breakfast Series, (January 10, 2018).

Enjoining Life Sciences Competition:  A Review and Discussion,” Fish Litigation Webinar (November 9, 2017).

Biosimilars:  A Mid-Year Review,” Fish Litigation Webinar (August 16, 2017).

“Equitable Defenses in Patent Cases,” Patents on Tap (September 15, 2016).


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September 16, 2019
Fish & Richardson Attorneys Betsy Flanagan and Ben Thompson Named Law360 2019 “Rising Stars”
Press Release
January 10, 2019
Fish & Richardson Obtains Denial of Cert at U.S. Supreme Court for Gilead Sciences in Long-Running Patent Battle with Merck Over Hepatitis C Drugs
Press Release
August 6, 2018
Fish & Richardson Principals Juanita Brooks, Betsy Flanagan and Deanna Reichel Named to 2018 “Top 250 Women in Litigation” List
Press Release
July 26, 2018
Fish & Richardson Attorneys Named 2018 “Women Worth Watching” by Profiles in Diversity Journal
Press Release
March 5th, 2020
Intellectual Property Law Spring Seminar 2020
Speaking Engagement
October 2, 2019
Fish & Richardson Receives Top Firm Rankings from LMG Life Sciences in Four Practice Areas
Press Release
August 20, 2019
Fish & Richardson Principals Juanita Brooks, Betsy Flanagan and Deanna Reichel Named to 2019 “Top 250 Women in Litigation” List
Press Release
September 27, 2018
Fish & Richardson Announces 13 Principals Named 2018 “Life Sciences Stars” by LMG Life Sciences
Press Release
June 26, 2018
Fish & Richardson Principals Betsy Flanagan and Jennifer Huang Named 2018 Up & Coming Attorneys by Minnesota Lawyer; Megan Connolly and Jill Strand Named Unsung Legal Heroes
Press Release
Fish Litigation Blog
June 15, 2018
Method of Treatment Claims Pass Mayo Test
Author: Betsy Flanagan
IP Litigation
Federal Circuit
Life Sciences
May 3, 2018
American Lawyer: The Women Warriors Behind Gilead’s Huge Federal Circuit Win
Media Mention
April 25, 2018
Fish & Richardson Wins Federal Circuit Affirmance of Reversal of $200 Million Damages Against Gilead After Merck’s “Unclean Hands”
Press Release
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